The sentence condemns Vueling to return 155.55 euros to the affected familywho had to shell out the money for his carry-on luggage at the time of boarding. This is the first ruling in Navarra on the refund of the amount payment for hand luggage by a low-cost airline.

It was a trip family that had a wedding from Pamplona, ​​with their daughter, from Barcelona to Las Palmas de Gran Canaria. They flew the December 4, 2022 and for those three flight tickets this family paid the indicated amount to be able to travel. With the flight tickets purchased it was indicated that carry-on luggage was allowed. The measures depended on the company’s policies, but when carrying out the check in at the same airport They were told that their ticket did not include the carry-on suitcase (weighing 10 kilos and measuring 55x40x20). Quite the contrary, what was included was a personal bag that had to fit under the seat.

The family, which he has represented the lawyer Iranzu Bayo Mendoza, sued the company for the amounts unduly charged and the ruling indicates that the charging of a surcharge for bringing carry-on luggage into the cabin of the plane should be reported as an abusive practice. Hand luggage is not considered luggage and the carrier is obliged to carry it free of charge in the cabin.

an indispensable right Thus, Law 48/1960, of July 21, on Air Navigation establishes in its article 97 that “the carrier will be obliged to transport together with the travelers, and within the price of the ticket, luggage with the limits of weight, regardless of the number of packages, and volume established by the regulations.” Hand luggage is therefore an essential right of the passenger and, therefore, an additional fee cannot be charged, as has been considered by the CJEU, so the company is obliged to transport it without being able to demand any type of supplement or extra cost. Despite this ruling, some airlines continue to charge for carry-on luggage. In fact, in August of this year, the Ministry of Consumer Affairs opened a sanctioning file against several low-cost airlines, including Vueling, Ryanair, etc. charge for hand luggage.

The Pamplona judge refers precisely to the resolution of the European court, which distinguishes “between checked and unchecked luggage.” Likewise, she remembers that the company’s own policy allows carrying hand luggage in the cabin that does not exceed 10 kilos (as was the case). And, finally, in the information provided by the company to the plaintiffs, at the time of purchasing the ticket, “no information was provided regarding the type or dimensions of the luggage they could carry, this information being transmitted in a surprising manner in the shipment”.